This Agreement is concluded between an individual entrepreneur Velychko Svitlana Volodymyrivna, hereinafter referred to as the "Owner of the Service" and any person who becomes a user when registering on the website of the Links-Stream Service (hereinafter referred to as the Service), hereinafter referred to as the "User", together the text of the Agreement referred to as "Parties", and individually - "Party".
1. General Provisions.
1.1. This Agreement in accordance with Art. 633 of the Civil Code of Ukraine is a public offer. By accessing the materials of the Service, the User is considered to have acceded to this Agreement, accepts the terms of this offer and the provisions of the Agreement (acceptance).
1.2. Unconditional acceptance (acceptance) of the terms of this offer is carried out by registering on the Service website in accordance with Art. 642 of the Civil Code of Ukraine.
1.3. This Agreement, concluded by accepting this offer, does not require bilateral signing and is valid in electronic form.
1.4. The use of materials and functions of the Service is governed by the norms of the current legislation of Ukraine.
2. Subject of the Agreement.
2.1. The subject of this Agreement is the transfer by the Service Owner of the non-exclusive rights to use the Links-Stream Service to the User under the terms of a simple (non-exclusive) license by providing access to the Service on a server owned by the Service Administration.
2.2. The terms of this Agreement apply to all subsequent updates and new versions of the Service. By agreeing to use the new version of the Service, the User accepts the terms of this Agreement for the relevant updates, new versions of the Service, unless the update and/or new version of the Service is accompanied by another agreement.
2.3. The "Links-Stream" service is the result of the intellectual activity of the Service Administration and is protected by the legislation of Ukraine on the protection of intellectual property and international law, all exclusive rights to the Service, accompanying materials and any copies thereof belong to the Service Administration. The right to use the Service is provided to the User solely on the terms and in the amount stipulated by this Agreement.
3. Terms of Service Use.
3.1. To start working with the Service, the User must complete the registration procedure by entering an email address (Login) and password. Upon completion of the registration process, the User becomes the owner of the account. From the moment you log into your account, the User is solely responsible for the security of the data entered, as well as the Login and password.
3.2. Upon completion of work with the Service, the User independently completes the work under his account by pressing the "Log out" button.
3.3. Paid services are considered to be rendered properly and accepted by the User in full, if within 14 (fourteen) working days from the date of provision of the corresponding paid service, the Service Administration has not received motivated written claims from the User.
3.4. The Administration of the Service provides technical support to the User, including on issues related to the functionality of the Service and the services provided, as well as the features of the operation of the Service.
4. Rights and obligations of the parties.
4.1. User's rights and obligations.
4.1.1. The User undertakes not to take actions that may be considered as violating Ukrainian law or international law, including in the field of intellectual property, copyright and/or related rights, as well as any actions that lead or may lead to disruption of the normal operation of the Service.
4.1.2. The user is obliged at least once a month to get acquainted with the current content of this Agreement, posted at https://links-stream.com/agreement/
4.1.3. The User undertakes not to provide (transfer) in whole or in part to third parties the rights received by him under this Agreement, not to sell, replicate, not copy the materials of the Service in whole or in part, not to alienate in any other way, including free of charge, without receiving preliminary written consent of the Service Administration.
4.1.4. The User undertakes not to transfer passwords and logins used to access the Service to third parties, to ensure the confidentiality of their storage. In case of unauthorized access to the login and password and/or user account, the User is obliged to immediately inform the Service Administration about it.
4.1.5. The User undertakes not to use software that automatically downloads and processes (disassembles) the Web pages of the Service in order to obtain the necessary data (not to "parse" the Web pages of the Service).
4.1.6. The user has the right to access the Service at any time, except for the time of maintenance.
4.1.7. The user has the right to use the Service within the limits of its functionality and on the terms established by this Agreement.
4.1.8. The User has the right to deposit any amount of money in order to replenish the Personal Account on the Service for the subsequent use of the Paid Services of the Service.
4.1.9. The user has the right to independently change the password without notifying the Service Administration about it.
4.1.10. The User has the right at any time to apply for the deletion of the User's account and information stored in the Service. The deletion of the User's account and information stored on the Service is made within 7 days from the date of receipt of the application. When deleting an account, the limits, the personal account of the User, are not refundable.
4.1.11. Funds transferred to the User's Personal Account are non-refundable and can be used to pay for paid services of the Service.
4.2. The rights and obligations of the Service Administration.
4.2.1. The Service Administration is obliged to provide the User with access to the Service no later than 5 (Five) business days from the moment the User completes the registration procedure on the Service.
4.2.2. The Administration of the Service undertakes to ensure the operation of the Service, in accordance with the terms of this Agreement, around the clock 7 (Seven) days a week, including weekends and holidays, except for the time of preventive maintenance.
4.2.3. The Service Administration undertakes to ensure the safety of the User's data posted on the Service for 90 (Ninety) calendar days from the moment the User last used any of the paid services of the Service. 4.2.4. The Administration of the Service has the right to suspend the operation of the Service in order to carry out the necessary scheduled preventive and repair work on the technical resources of the Administration of the Service, as well as unscheduled work in emergency situations, notifying the User, if technically possible, by posting the relevant information on the website.
4.2.5. The Administration of the Service has the right to interrupt the operation of the Service if this is due to the impossibility of using information and transport channels that are not the own resources of the Administration of the Service, or the action and / or inaction of third parties if this directly affects the operation of the Service, including in an emergency.
4.2.6. The Service Administration has the right to update the content, functionality and user interface of the Service at any time at its sole discretion.
4.2.7. The Service Administration has the right to change the cost of paid services unilaterally.
4.2.8. The Service Administration has the right to block and/or delete the User's account, including all information content of the User without notifying the User and explaining the reasons, in case of non-use of paid services of the Service for 90 (Ninety) calendar days, as well as in case of violation by the User of the terms of this Agreement.
5. Responsibility of the parties and the procedure for resolving disputes.
5.1. The Service is provided to the User "as is" (as is) in accordance with the principle generally accepted in international practice. This means that the Service Administration does not bear responsibility for problems arising in the process of updating, maintaining and operating the Service (including compatibility problems with other software products, as well as inconsistencies between the results of using the Service and the User's expectations, etc.).
5.2. For violation of obligations under the Agreement, the Parties are liable in accordance with the current legislation of Ukraine. At the same time, the responsibility of the Service Administration to the User in case of a claim for damages is limited to the amount of the cost of the Paid Services paid by the User.
5.3. Neither Party shall be liable for full or partial failure to fulfill any of its obligations if the failure is a consequence of force majeure circumstances arising after the conclusion of the Agreement and beyond the control of the Parties. In case of force majeure circumstances for more than 3 (Three) months, any Party has the right to unilaterally refuse to fulfill its obligations under this Agreement (terminate the Agreement).
5.4. Since the Service is an object of intellectual property of the Service Administration, liability for copyright infringement occurs in accordance with the current legislation of Ukraine.
5.5. The Service Administration is not responsible for non-fulfillment or improper fulfillment of obligations under this Agreement, as well as for direct and indirect losses of the User, including lost profits and possible damage arising, among other things, as a result of illegal actions of Internet users aimed at violating information security or normal the functioning of the Service; lack of Internet connections between the User's computer and the server of the Service Administration; conduct by state and municipal bodies, as well as other organizations of actions within the framework of operational-search activities; the establishment of state regulation (or regulation by other organizations) of the economic activities of commercial organizations on the Internet and/or the establishment by the said entities of one-time restrictions that make it difficult or impossible to execute this Agreement; and other cases related to actions (inaction) of Internet users and/or other entities aimed at deteriorating the general situation with the use of the Internet and/or computer equipment that existed at the time of the conclusion of this Agreement.
5.6. In the event of any dispute or disagreement between the Parties arising from or related to this Agreement, the Parties will take all measures to resolve them through negotiations between themselves.
5.7. If it is not possible to resolve the disputes and/or disagreements between the Parties through negotiations, then such disputes are resolved in a competent court.
6. Other conditions.
6.1. This Agreement comes into force from the date of acceptance and is valid until the Parties fully fulfill their obligations.
6.2. This Agreement can be terminated ahead of schedule by mutual agreement of the Parties, as well as at the initiative of the Service Administration in case of violation by the User of the terms of this Agreement without returning any funds to the latter.
6.3. Since this Agreement is an offer, and by virtue of the current civil legislation of Ukraine, the Service Administration has the right to withdraw the offer in accordance with Art. 642 of the Civil Code of Ukraine. If this Agreement is withdrawn during its term, this Agreement is considered terminated from the moment of withdrawal. Feedback is carried out by posting the relevant information on the site.
6.4. The Parties agreed that during the execution of this Agreement, it is allowed to use the signatures of the representatives of the Parties, as well as their seals by means of facsimile communication, mechanical or other copying, electronic digital signatures or other analogue of the handwritten signature of the heads and seals of organizations. The parties confirm that the annexes to this Agreement, signed and executed in the manner specified in this clause, have legal force and are binding on the parties.
6.5. The Service Administration has the right to unilaterally amend the terms of service of the Service by posting information about this on the website in the public domain and making changes to this Agreement.
6.6. These changes in the terms of this Agreement come into force from the date of their publication, unless otherwise specified in the relevant publication. Continued use of the Service by the User after the introduction of changes and/or additions to the Agreement means acceptance and consent of the User with such changes and/or additions.
7.1. With the exception of the guarantees expressly specified in the text of this agreement, the Service Administration does not provide any other guarantees.
7.2 The Administration of the Service guarantees the User that his personal data posted on the Service will be available only in strict accordance with the legislation of Ukraine and/or in the manner and volume agreed with the User.
7.3. By agreeing to the terms and accepting the terms of this offer by accepting it, the User assures the Service Administration and guarantees that he:
- provided reliable personal data during registration;
- enters into this agreement voluntarily;
- got acquainted with all the terms of this agreement;
- fully understands and confirms the subject of the offer and the contract;
- has all the rights and powers necessary for the conclusion and execution of this agreement.
8. Address and details of the Owner of the Service.
Legal entity: individual entrepreneur Velychko Svitlana Volodymyrivna
8 202, Kiev region, Irpin, st. Turgenevskaya, 25 V, apt. 23
TIN 3 354 906 084
Account UA27 380 269 0 26 005 056 238 783 in Privatbank
Email address: [email protected]